Published on 27 November 2023

SECOND SECTION

Application no. 34233/22 Yekaterina Vasilyevna AYDAROVA against Russia and 10 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 2 November 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.

In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.

In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).

For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .

SUBJECT MATTER

The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 11 of the Convention (disproportionate measures against organisers and participants of public assemblies)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Name of the public event

Location

Date

Administrative offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

34233/22*

29/06/2022

Yekaterina Vasilyevna AYDAROVA

2001Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

administrative detention of

5 days

St Petersburg City Court

03/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.15 p.m. on 27/02/2022 to 10.30 a.m. on 28/02/2022, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 03/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

34613/22*

29/06/2022

Anastasiya Vladimirovna MAKSIMOVA

1997Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of 10 days

St Petersburg City Court

15/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. on 06/03/2022 to 5.00 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 15/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

34838/22*

01/07/2022

Anton Aleksandrovich NIKITIN

1992Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

01/03/2022

article 20.2.2 § 1 of CAO

administrative detention of 10 days

St Petersburg City Court

04/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.35 p.m. on 01/03/2022 to 10.00 a.m. on 02/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent 2h25 in a police van,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 04/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

35209/22*

25/06/2022

Anna Yuryevna ARKHIPOVA

1996Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

administrative detention of 12 days

St Petersburg City Court

11/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.20 p.m. on 27/02/2022 to 6.15 p.m. on 28/02/2022, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 11/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

36505/22*

04/07/2022

Daliya Fedorovna MESHCHANKINA

1993Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

27/02/2022

article 20.2.2. § 1 of CAO

administrative detention of 10 days

St Petersburg

City Court

04/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.25 p.m. on 27/02/2022 to 4.00 p.m. on 01/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent 3 hours in a police van,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 04/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

36692/22*

04/07/2022

Yekaterina Mikhaylovna KUCHINSKAYA

1987Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

administrative detention of

5 days

St Petersburg City Court

04/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.20 p.m. on 27/02/2022 to 12.00 p.m. on 28/02/2022, hearing in the applicant’s administrative-offence case; the applicant spent 3h15 in a police van,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 04/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

36820/22

11/07/2022

Aleksandr Aleksandrovich KONONOV

1997Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of

5 days

St Petersburg City Court

11/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.40 p.m. on 06/03/2022 to 07/03/2022, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 11/03/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

41987/22

05/08/2022

Viktoriya Konstantinovna ZAVALSKAYA

2002Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of

5 days

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.22 p.m. on 06/03/2022 to 1.30 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 05/04/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

44561/22

19/08/2022

Yevgeniya Gennadyevna TOLOKONNIKOVA

1986Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

50 hours of community works

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.40 p.m. on 06/03/2022 to 12.20 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 19/04/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.

45082/22*

28/08/2022

Aleksandr Arsenyevich ROGINSKIY

1989Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

24/02/2022

article 20.2.2 § 1 of CAO

administrative detention of 10 days

St Petersburg City Court

28/04/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 28/04/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

48738/22*

30/09/2022

Vyacheslav Ramisovich ASTREDINOV

1988Nataliya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

31/05/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.10 p.m. on 06/03/2022 to 5.00 a.m. on 07/03/2022,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 31/05/2022,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.